Madras High Court Grants Four Weeks Time To AIADMK To File Counter In Application Challenging Intra Party Elections

The bench of Justice P Velmurugan has granted four weeks' time to All India Anna Dravida Munnetra Kazhagam (AIADMK) party to file their counter in an application moved by one B. Ramkumar Adityan seeking leave of the court to sue the party and some of its members. The plea seeks to challenge the intra party elections held in 2021 and certain resolutions passed by the General Council in 2017 and Executive Committee in 2021. In his plaint, Mr. Ramkumar has challenged Resolution No. 7, 10, 11 and 12 passed by the General Council dated 12.09.2017 whereby amendments were made to the original constitution/rules and regulations of the party and subsequent to which the 2nd, 3rd, 7th and 8th Defendants assumed their Office. The plaintiff drew attention of the court to the rules of the defendant party. Rule. 20 (i) of the 1st Respondent Party Constitution reads, "The General Secretary of the Party will be responsible for the entire administration of the Party". Rule: 20 (ii) of the 1st Respondent Party Constitution reads, "The General Secretary shall be elected by the Primary members of all the Party Units of Tamil Nadu and the Members of Party in other States like Pondicherry, Andhra Pradesh, Kerala and Andaman Islands". Rule 43: Amendments of the 1st Respondent Party Constitution reads, "The General Council will have powers to frame, amend or delete any of the rules of the party constitution. But the rule that the General Secretary should be elected only by all the primary members of the party cannot be changed or amended since it forms the basic structure of the party". Rule 45 of the 1st Respondent Party Constitution reads, "The General Secretary is fully authorised to relax or make to any of afore said Rules and Regulations of the Party." The resolution of general council in 2017 created new posts in the Party viz. Coordinator, Joint Coordinator and Deputy Coordinator and assigned posts to the 2nd, 3rd, 4th and 5th Respondents herein. Mr. Ramkumar further states that the Executive Council of the 1st Respondent Party on 01.12.2021 passed a Special Resolution and amended the Party Constitution to elect the Coordinator and Joint Coordinator jointly, elected by the basic members by a single vote. He further added that such amendments are violating the rights of the Primary Members, disturbed basic structure of the Original Party Constitution/the Rules and Regulation. He also stated that all the primary members favour Single Leadership as opposed to the present dual leadership. These primary members hence, wish to restore the original constitution/rules and regulations of the respondent party. Hence the present plaint is filed to safeguard the rights of the Primary Members, to fulfil the interest of the Primary Members of the 1st Respondent/ the 1st Defendant Party, and to ensure strict adherence of the provisions of the 1st Respondent/ the 1st Defendant Party Original Constitution by all the members including the Defendants.Case Title: B. Ramkumar Adityan and anr v. All India Anna Dravida Munnetra Kazhagam Case No: A/1204/2022 and CS 119663/2021Click here to read/download order

Madras High Court Grants Four Weeks Time To AIADMK To File Counter In Application Challenging Intra Party Elections

Upasana Sajeev

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